Should I file I824?

[D-man 3]

Hello guys,

A friend of mine’s girlfriend came to the USA through her mother via K1. She was given a 2years green card and had been working since. Her mother was in the process of removing condition but her boyfriend who happened to be her spouse told her that he was going to file for her so she ignore the entire application that was in the process of being done by her mother. They have a kid as I write this. He filed for her I30 which was approved, but he has been dragging his feet until now. She just got to notice that she’s out of status when she was fired from her job and decided to find a new job. She contacted her husband to ask if he has the I130 but he said he can’t find it.

 

currently, they want to file the necessary documents as soon as possible. Therefore, they contacted USCIS for a copy of the I130, but USCIS said the document was shown as delivered and therefore, they will need to filed I824 with the required fees. My question is, can they file the I824 currently with I485 and I765 or they need to an approval for the I824 before they can file I485 and I765? Thanks for your help in helping to answer this question. 

Edited August 2, 2023 by D-man

[Boiler 45,516]

This is seriously screwed up, it appears she just need to remove conditions.

[powerpuff 6,698]

8 minutes ago, D-man said:

My question is, can they file the I824 currently with I485 and I765 or they need to an approval for the I824 before they can file I485 and I765

None of the above forms including I-130 have anything to do with removal of conditions….

[D-man 3]

5 minutes ago, powerpuff said:

None of the above forms including I-130 have anything to do with removal of conditions….

Like I said, she came on K1 visa via mom. The time to remove condition has passed. She should’ve remove condition I think in 2017 through her mom but didn’t because of the assurance of her spouse that he will file for her. I know it sucks

Edited August 2, 2023 by D-man

[Boiler 45,516]

1 minute ago, D-man said:

Like I said, she came on K1 visa via mom. The time to remove condition has passed. She should’ve remove condition I think in 2017 through her mom but didn’t because of the assurance of her spouse that he will file for her. I know it sucks

I assume you mean she came on a K2. 

 

Obviously VJ is a DIY site and I tend to favour DIY solutions but this is not always possible. I think this is one of those cases.

[D-man 3]

10 minutes ago, Boiler said:

This is seriously screwed up, it appears she just need to remove conditions.

Is it possible to apply for removal of condition when she didn’t even submit I485? She didn’t follow through with the process of adjusting her status until now even though I130 was approved. 

Edited August 2, 2023 by D-man

[powerpuff 6,698]

~~ Topic moved from AOS work/student/work visas forum to Removing Conditions on residency as OP says it’s regarding ROC ~~
 

3 minutes ago, D-man said:

Like I said, she came on K1 visa via mom. The time to remove condition has passed. She should remove condition I think in 2017 through her mom but didn’t because of the assurance of her spouse that he will file for her. I know it sucks

I-751 is the form for removing conditions.

 

You should tell her to make her own VJ account so she can get better answers since she’s the one who knows the situation best. 

[powerpuff 6,698]

Just now, D-man said:

Is it possible to apply for removal of condition when didn’t even submit I485? She didn’t follow through with the process of adjusting her status until now even though I130 was approved. 

 

18 minutes ago, D-man said:

She was given a 2years green card and had been working since.

These statements directly contradict each other. 
 

I-130 is not needed for K1 adjustments unless they didn’t marry within 90 days.

[Boiler 45,516]

1 minute ago, D-man said:

Is it possible to apply for removal of condition when didn’t even submit I485? She didn’t follow through with the process of adjusting her status until now even though I130 was approved. 

Your original post said she did adjust status.

[D-man 3]

Just now, powerpuff said:

 

These statements directly contradict each other. 
 

I-130 is not needed for K1 adjustments unless they didn’t marry within 90 days.

I mean, she came through her mother and was initially given two years green card. Then she married her spouse who file I30 on her behave but didn’t file I485. 

[Boiler 45,516]

Just now, D-man said:

I mean, she came through her mother and was initially given two years green card. Then she married her spouse who file I30 on her behave but didn’t file I485. 

Which makes no sense.

[powerpuff 6,698]

3 minutes ago, D-man said:

I mean, she came through her mother and was initially given two years green card. Then she married her spouse who file I30 on her behave but didn’t file I485. 

If she has a green card then why does her spouse need to file I-130 and I-485? I-485 IS an application for a green card…..

 

Edited August 2, 2023 by powerpuff

[D-man 3]

1 minute ago, Boiler said:

Your original post said she did adjust status.

She got 2years via mom and not on her spouse. Mom wanted to follow through to make sure she gets condition remove but spouse decided to file so she ignore everything mom

was doing regarding paperwork. Spouse didn’t until now that realizes that she’s out of status. Spouse file I130 and it was approve and that’s how far he went with her paperwork . 

[powerpuff 6,698]

1 minute ago, D-man said:

She got 2years via mom and not on her spouse. Mom wanted to follow through to make sure she gets condition remove but spouse decided to file so she ignore everything mom

was doing regarding paperwork. Spouse didn’t until now that realizes that she’s out of status. Spouse file I130 and it was approve and that’s how far he went with her paperwork . 

I understood nothing from this.

 

Tell your friend to make her own VJ account.

[Boiler 45,516]

Just now, D-man said:

She got 2years via mom and not on her spouse. Mom wanted to follow through to make sure she gets condition remove but spouse decided to file so she ignore everything mom

was doing regarding paperwork. Spouse didn’t until now that realizes that she’s out of status. Spouse file I130 and it was approve and that’s how far he went with her paperwork . 

You mentioned this before and my response was that they screwed up. Did not doing any basic research. Some people are best off using a Lawyer. They wasted time and money but resolvable.